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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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Does and employer have the right to withhold my expense reimbursement

Resolved Question:

Does and employer have the right to withhold my expense reimbursement check if I am fired? Also my employer refuses to correct my W2 and won't even discuss it with me, what are my rights?
Submitted: 7 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 7 years ago.



What is the company policy on the payment of expenses?


When is payment supposed to be made and must employees do anything in order to be reimbursed?





Customer: replied 7 years ago.

The policy it to submit the expenses reimbursement request via email before the end of the month of the expenses and payment to the employee is at the end of the next month.


My expense report for the month of November was originally sent to my former employer on December 8th after she reminded me to get it in, and she replied saying that is was suppose to be sent to the office manager and that she will take care of it this time. I never received payment for that month. Then after a discussion with my employer about if I can charge the client Toll charges she said she would and since I hadn't received payment for November's expense report and she also claimed she never received it, I took it as an oportunity in December to correct the expense report and submit both November's and December's at the same time on December 23rd. My mother had gone ill and I was trying to get payment for both reports that day, but my former employer wasn't in the office and said I had to wait. Then when I was fired and she demanded me to return items to the office on Saturday which is'nt a normal work day from me she said she was sending the office manager over to pick up my items and so thats when I asked is she also bringing me my expense check and my former employer said that I will get it in the mail whenever she gets around to it. I have also included the policy that she sent to me only and it is not the original policy that is in the employee handbook.


Going forward, please adhere to the following expense report procedure.

All expense reports for the previous month should be turned in on the first working day of the month. For example, December expenses are to be turned in January 1st or the first working day after January 1st. You will be paid for those expenses at the end of the month when all AP checks are run. We only run AP checks once a month and that is typically the last day of the month. It is imperative that you turn them in on time and that they are correct the first time. Clients are billed from those expense reports and you can imagine the embarrassment to the company when we have to rebill them because your expense report was not complete or correct the first time. Also, in order for the company to have enough time to be reimbursed by the clients and to pay you at the end of the month, getting them in at the first of the month allows for that to happen. If you do not turn them in on time, you cannot expect to be paid at the end of that month as we have not had enough time to collect it from the clients. I'm sure you would agree that it is not fair for the company to pay your expenses out of its pocket when the reports were not turned in in a timely fashion so that we could collect it for you. Remember, the company makes nothing off reimbursing you for expenses.

Expert:  Jane T (LLC) replied 7 years ago.



If an employer refuses to correct a wrong w-2, and an employee cannot get the employer to help, the employee (or former employee) may contact the IRS for assistance. There is an IRS phone number to contact for help here.


Normally employers must pay employees, as agreed for salaries and any other amounts due, such as expenses (if policies were followed as agreed or if an employer indicates that they will accept them in any form). Also, the TX Workforce Commission indicates here that final pay must be made within a specified time and that final pay includes all "components" of pay (such as commissions, reimbursements, etc.). You can contact the TX Workforce Commission here to see if they can assist in obtaining your final payment.


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